McKinnon v. Summers

Oxner, Justice.

The principal question on this appeal is whether the cause of action stated in the complaint is governed, as plaintiff contends, by the statute of limitations applicable to actions for recovery of real property, or, as contended by defendant and held by the trial Judge, by the statute of limitations applicable to actions or relief on the ground of fraud.

Section 10-124 of the 1952 Code is as follows: “No action for the recovery of real property or for the recovery of the possession thereof shall be maintained unless it appear that the plaintiff, his ancestor, predecessor or…